The European Women Lawyers Association (EWLA) presents the following Statement on the obliation to name women for top positions in the European Union.
The European Women Lawyers Association, representing women lawyers organisations from Member States of the European Union as well as from EFTA countries, and women active in all legal professions and on all levels of decision-making in the public and private sectors in all these states
recalls that
- the principle of substantive equality between men and women is one of the constitutional principles upon which the European Union is built and a positive obligation of its institutions and Member States, as proclaimed by Articles 2 and 3(2) EC;
- the principle of substantive equality between men and women is reaffirmed by Article 23 of the EU Charter of Fundamental Rights;
- the principle of substantive equality between men and women is also enshrined in Articles 3 and 4 of the UN Convention on the Elimination of Discrimination against Women (CEDAW), which binds all EU Member States and is a source of fundamental rights to be respected by the EU as well; and that, moreover, Articles 7 and 8 CEDAW expressly oblige them to ensure women’s equal participation in the political and public life, and in the representation of their governments at the international level;
- in addition to being a common constitutional principle of the EU Member States and hence a fundamental value of the EU, substantive gender equality also contributes to a more just, more inclusive, and more diverse society;
- the principle of substantive equality between men and women imposes on the EU and its Member States an obligation to adopt a pro-active approach and to take measures to actively promote gender equality.
EWLA welcomes
• the ratification, by all EU Member States, of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on 13 December 2007,
• the inclusion of equality between men and women among the values of the EU and the promotion of equality between men and women among its objectives ((Articles 2(1) and 3(3) EU, as amended by the Treaty of Lisbon);
EWLA emphasises that
• the respect and effective protection of fundamental rights in Europe, including, in particular, substantive equality between men and women, constitute a core value of the Union and an essential element for bringing the citizens closer to the European Union;
• that women’s equal participation in the EU is not limited to their participation in European and national elections, but also extends to their equal participation in decision-making positions on all levels of the EU;
• that women do not constitute a minority, but more than half of the citizens of Europe;
• that, for these reasons, the presence of women in high-level decision-making positions in the EU is both a democratic requirement and a requirement of substantive equality between men and women in Europe;
• numerous highly qualified women have been proposed for the various positions to be filled;
For these reasons
EWLA calls upon the governments of the Member States
• to choose a woman either for the position of the new President of the European Council or of the High Representative of the Union for Foreign Affairs and Security Policy;
EWLA calls upon the governments of the Member States and the President-Elect of the Commission
• to agree to propose an equal number of women and men for the positions of Commissioners;
EWLA calls upon the European Parliament
• to reject its consent to any proposal on the positions of President of the European Council, the High Representative of the Union for Foreign Affairs and Security Policy, and the Commission that does not comply with the above requirements.